The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against the National Broadcasting Commission (NBC) over its decision to ban the broadcast of Eedris Abdulkareem’s song, “Tell Your Papa.” SERAP argues that the ban, which the NBC justifies on grounds of violating “public decency standards,” is arbitrary, unlawful, and infringes upon fundamental rights to freedom of expression, access to information, and media freedom. The song is purportedly critical of President Bola Tinubu’s economic policies, raising concerns about the potential suppression of dissenting voices through censorship. SERAP’s lawsuit, filed at the Federal High Court in Lagos, seeks to overturn the ban and prevent future restrictions on the song’s airplay.
The core of SERAP’s argument rests on the assertion that the NBC’s ban is inconsistent with both Nigerian and international legal frameworks protecting freedom of expression. SERAP contends that the ban fails to meet the crucial legal tests of necessity and proportionality, meaning the NBC has not adequately demonstrated that the ban is the least restrictive means to achieve a legitimate aim. Furthermore, SERAP criticizes Section 3.1.8 of the Nigeria Broadcasting Code, the provision under which the ban was presumably issued, as excessively broad and intrusive, thereby violating fundamental human rights. They argue that the vague notions of “objectionable nature” and “public decency” are being used as pretexts to stifle legitimate artistic expression and critical commentary on government policies.
SERAP emphasizes the vital role artistic expression plays in a democratic society, facilitating public discourse and contributing to informed decision-making. Censorship, they argue, not only suppresses artistic freedom but also hinders societal progress by stifling debates and undermining the foundations of a healthy democracy. By preventing citizens from accessing diverse perspectives and engaging in open dialogue about important issues, the ban on “Tell Your Papa” sets a dangerous precedent for future restrictions on free expression. This chilling effect could deter artists and other individuals from expressing critical views, ultimately impoverishing public discourse and undermining democratic values.
The lawsuit highlights the potential for misuse of regulatory powers to suppress dissenting voices and limit the space for critical engagement with government policies. By challenging the NBC’s ban, SERAP aims to safeguard the fundamental right to freedom of expression and protect the role of artists in holding power accountable. The outcome of this legal challenge will have significant implications for the future of artistic freedom and media independence in Nigeria. A ruling in favor of SERAP could set a precedent for protecting artistic expression against arbitrary censorship and reinforce the importance of freedom of expression in a democratic society.
SERAP’s legal challenge explicitly references international human rights law to bolster its arguments. The organization cites Article 19 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of opinion and expression. This right encompasses the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers. SERAP argues that the NBC’s ban violates this fundamental right by restricting the dissemination of Abdulkareem’s song. Furthermore, they highlight the limitations prescribed within Article 19(3), which stipulate that any restrictions on freedom of expression must be provided by law, pursue a legitimate aim, and be necessary and proportionate to achieving that aim. SERAP contends that the NBC’s ban fails to meet these criteria, rendering it unlawful under international law.
The lawsuit’s focus on international human rights standards underscores the importance of these principles in upholding fundamental freedoms. By invoking international legal instruments, SERAP seeks to strengthen its case and draw attention to the broader implications of the NBC’s actions. The case also serves as a reminder of Nigeria’s obligations under international law to protect and promote freedom of expression. The outcome of this legal battle will not only impact the specific case of Eedris Abdulkareem but could also influence future interpretations and applications of freedom of expression principles in Nigeria and potentially beyond. It will be a crucial test of the balance between regulatory power and fundamental human rights in the digital age.
